Articles and Blogs

In a continuation of legal challenges to seemingly appropriate employer conduct rules, the National Labor Relations Board (“NLRB”), on April 13, 2016, issued another decision that will make employers even more nervous about the legality of their rules that are intended to assure “harmonious interactions and relationships.” Indeed, the NLRB in a 2-to-1 decision, over…Read More

Senators Call on CMS to Delay Star Ratings for Overall Hospital Quality On April 11, 60 senators sent a letter to CMS Acting Administrator Andy Slavitt urging the agency to delay the release of the overall hospital quality star ratings to provide more time to analyze the methodology of the star ratings, examine its impact…Read More

On April 11, 2016, the Centers for Medicare & Medicaid Services (“CMS”) announced a new model for the way Medicare pays many primary care physicians. The Comprehensive Primary Care Plus (“CPC+”) model aims to enhance primary care through care redesign. CPC+ will include two primary care practice tracks with incrementally advanced care delivery requirements and…Read More

CMS Begins Testing of Bundled Payment Program for Joint Replacement On April 1, CMS launched a bundled payment demonstration for inpatient knee and hip surgeries. The agency will pay nearly 800 hospitals across 67 metro areas bundled payments for joint replacement procedures, which is expected to save Medicare $343 million over the course of the…Read More

An Indiana Federal District Court just published an opinion on an issue of first impression in the Seventh Circuit, the ability of the government to reject or approve a settlement in a case in which they did not intervene. The court also opined on the ability of a whistleblower to enter into a settlement that delivered…Read More

CMS posted a notice on its website inviting stakeholders to submit questions and/or scenarios to CMS regarding implementation of the Budget Act provision impacting OPPS coverage for off-campus provider-based departments. The full notice, which can be found here, follows. Note Regarding Implementation of Section 603 of the Bipartisan Budget Act of 2015 CMS will be…Read More

On Friday, March 18, 2016, CMS released a memo entitled “Payroll-Based Journal (PBJ) – Implementation of required electronic submission of Staffing Data for Long Term Care (LTC) Facilities.” The memo reminds LTC providers that the mandatory PBJ submission period begins July 1, 2016. The memo also contains information on how to register for PBJ reporting and how…Read More

Indiana health care providers involved in prenatal care need to be aware of recent Senate Bill 186 that was signed into law by Governor Mike Pence on March 21, 2016. The new law amends the Indiana Code on health professions standards of practice to clarify that licensed physicians, physician assistants, midwives and advanced practice nurses…Read More

On Friday, March 18, 2016, CMS released a memo entitled “Payroll-Based Journal (PBJ) – Implementation of required electronic submission of Staffing Data for Long Term Care (LTC) Facilities.” The memo reminds LTC providers that the mandatory PBJ submission period begins July 1, 2016. The memo also contains information on how to register for PBJ reporting and how…Read More

For over five years, the U.S. Department of Labor has been pondering the issuance of new rules governing “persuader” activities. On  March 24, 2016, the new Persuader Rule was officially published in the Federal Register, is set to become effective on April 25, 2016 and applies to all arrangements, agreements and payments made on or after July…Read More